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Case TitlePHILLIPS v. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00381
Date Filed2018-02-20
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffJOSHUA PHILLIPS
Case DescriptionJoshua Phillips submitted FOIA requests to the Department of Homeland Security and the Department of Justice for records concerning hate crimes. The agencies acknowledged receipt of the requests. DHS told Phillips it was searching for records. DOJ's Civil Rights Division told Phillips it did not compile statistics on hate crimes. The FBI denied Phillips' request because it did not sufficiently describe the records sought. Phillips then filed suit against both agencies.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
245 Murray Lane
WASHINGTON, DC 20528
DefendantDEPARTMENT OF JUSTICE
DefendantDEPARTMENT OF JUSTICE
950 Pennsylvania Ave., SW
Washington, DC 20530
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantFEDERAL BUREAU OF INVESTIGATION
935 Pennsylvania Ave., NW
Washington, DC 20535
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-201COMPLAINT against all defendants ( Filing fee $ 400 receipt number 4616089781) filed by Joshua Phillips. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons)(Burday, Joshua) . Modified on 3/1/2018 (zsth). (Attachment 1 replaced on 3/1/2018) (zsth). (Entered: 02/20/2018)
2018-02-20Case Assigned to Judge Emmet G. Sullivan. (zsth) (Entered: 03/01/2018)
2018-02-282NOTICE of Appearance by Matthew Topic on behalf of JOSHUA PHILLIPS (Burday, Joshua) Modified attorney on 3/1/2018 (znmw). (Entered: 02/28/2018)
2018-03-013STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 03/01/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 03/01/2018)
2018-03-164SUMMONS (3) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Notice and Consent)(zsth) (Entered: 03/16/2018)
2018-03-16SUMMONS Not Issued as to UNITED STATES ATTORNEY. (zsth) (Entered: 03/16/2018)
2018-03-195REQUEST FOR SUMMONS TO ISSUE re 1 Cover Sheet,, filed by JOSHUA PHILLIPS. Related document: 1 Cover Sheet,, filed by JOSHUA PHILLIPS.(Burday, Joshua) (Entered: 03/19/2018)
2018-03-206SUMMONS (1) Issued Electronically as to U.S. Attorney.(znmw) (Entered: 03/20/2018)
2018-06-11MINUTE ORDER. Plaintiff is hereby ordered to show cause why this case should not be dismissed pursuant to Rule 4(m) of the Federal Rules of Civil Procedure by no later than June 26, 2018. See Fed. R. Civ. P. 4(m) ("If a defendant is not served within 90 days after the complaint is filed, the court... must dismiss the action without prejudice against that defendant..."). Signed by Judge Emmet G. Sullivan on June 11, 2018. (lcegs2) (Entered: 06/11/2018)
2018-06-12Set/Reset Deadlines: Plaintiff Show Cause due by 6/26/2018. (mac) (Entered: 06/12/2018)
2018-06-227RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 6/18/2018 (Topic, Matthew) (Entered: 06/22/2018)
2018-06-228RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 6/18/2018 (Topic, Matthew) (Entered: 06/22/2018)
2018-06-229RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/18/2018. Answer due for ALL FEDERAL DEFENDANTS by 7/18/2018. (Topic, Matthew) (Entered: 06/22/2018)
2018-06-2210RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 6/18/2018 (Topic, Matthew) (Entered: 06/22/2018)
2018-06-2211STATUS REPORT by JOSHUA PHILLIPS. (Topic, Matthew) (Entered: 06/22/2018)
2018-08-07MINUTE ORDER. Because Mr. Phillips is suing the United States and a United States agency, see generally Compl., ECF No. 1, Mr. Phillips must serve the United States and the agencies named as defendants in his complaint. Fed. R. Civ. P. 4(i)(1) and (i)(2). Serving the United States requires that a party (1) "deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought--or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk--or send a copy of each by registered or certified mail to the civil-process clerk at the United States attorney's office," Fed. R. Civ. P. 4(i)(1)(A)(i), (ii), and (2) "send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C." Fed. R. Civ. P. 4(i)(1)(B). Serving a United States agency requires the party to "serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency." Fed. R. Civ. P. 4(i)(2). Mr. Phillips stated that he has "now served the Summons and Complaint on all Defendants." See Pl.'s Status Report, ECF No. 11 at 1. That service appears to have involved the certified mailing of a summons to the "Executive Office for United States Attorneys," Summons, ECF No. 9 at 1, and the "Department of Justice," Summons, ECF. No. 10 at 1. However, because the docket in this case does not indicate that a summons has issued as to the United States attorney or as to the Attorney General, it does not appear that the materials sent by certified mail to the Executive Office for United States Attorneys or the Department of Justice were sufficient to "serve the United States" under Rule 4. Accordingly, by no later than August 28, 2018, Mr. Phillips is directed to file a summons with the Clerk of the Court as to the United States attorney for the District of Columbia and to file another summons with the Clerk of the Court as to the Attorney General of the United States or, in the alternative, is directed to file a motion with the Court requesting that such summonses be issued by the Clerk of the Court. Upon issuance of those summonses, Mr. Phillips should re-attempt deliverance of the appropriate summons and the complaint to the United States attorney and the Attorney General in accordance with Rules 4(i)(1)(A);(B) and 4(i)(2). Mr. Phillips is directed to then file proof of service of those summonses and the complaint by no later than September 19, 2018. Signed by Judge Emmet G. Sullivan on 8/7/2018. (lcegs2) (Entered: 08/07/2018)
2018-08-07Set/Reset Deadlines: Time to effectuate service upon party due by 8/28/2018. Proof Of Service Of Summonses and Complaint due by 9/19/2018. (mac) (Entered: 08/07/2018)
2018-08-0712REQUEST FOR SUMMONS TO ISSUE filed by JOSHUA PHILLIPS. (Attachments: # 1 Summons Summons)(Burday, Joshua) (Entered: 08/07/2018)
2018-08-1013SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (jf) (Entered: 08/10/2018)
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by FOIA Project Staff
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